O.J. Simpson attorney: Pistorius murder case dissimilar

Feb. 21, 2013
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The mid-1990s murder trial of O. J. Simpson is different in several respects from the current murder trial of South African sprinter Oscar Pistorius, according to an attorney for Simpson in that trial, Robert Shapiro, right. / Vince Bucci, Associated Press

by Roxanna Scott, USA TODAY Sports

by Roxanna Scott, USA TODAY Sports

Robert Shapiro, who once represented O.J. Simpson in the notorious murder trial of the mid-1990s in Los Angeles, said the Oscar Pistorius murder case in South Africa is very different except that both "have superstar athletes that are accused of killing beautiful significant others."

In an interview with MSNBC on Thursday, Shapiro responded to assertions that Pistorius is South Africa's version of Simpson, with both cases rife with accusations of police bungling.

"I really don't think the detectives are really going to be much of an issue in this case," Shapiro said, adding that he doesn't think forensics will be a key issue, either. "Pistorius is going to testify; Simpson did not."

The Simpson case was a classic, 'Who was responsible for the murder case?' The Pistorius case is a case of, 'What is it?' " Shapiro said. Pistorius has "admitted to doing the shooting so the question is going to be, 'Was it a premeditated murder or was it a justifiable homicide?' "

The case has had its shares of twists and turns. Thursday, it was revealed that chief investigator Hilton Botha is facing attempted murder charges stemming from a 2011 incident.

Mark Fuhrman, the detective who led the investigation in the Simpson case, said charges filed against Botha and mistakes in his testimony don't matter.

"So what?" Fuhrman told FoxNews.com.

"The defense attorneys are doing what defense attorneys everywhere do," Fuhrman said. "When you look at the facts, even omitting all the forensic evidence the police have produced, it's crystal clear.

"Here is what he admits: 'I shot my girlfriend.' And he has to admit he fought with her in the past, because the police had been there previously. That's really all you need to know here."

Among the ways the defense has tried to discredit the prosecution's case is by noting an autopsy showed Reeva Steenkamp, Pistorius' girlfriend of three months, had a full bladder. The defense says that boosts Pistorius' claim that she had gone to use the toilet in the middle of the night. Iin an affadavit he says he shot her accidentally, mistaking her for an intruder.

How this case will be decided is the main difference between South Africa's legal system and the USA's, Shapiro said. Simpson had a trial by jury. A single judge will decide Pistorius' case.

In South Africa, jury trials were abolished in the 1930s because of apartheid, Shapiro said. People could not get a fair trial because of the race relations that existed.

"The judge (in the Pistorius case) is going to make one decision. He's not going to say, 'Do I have reasonable doubt?' " Shapiro said.

"He's going to say, 'Do I believe what Mr. Pistorius is telling us? Do I believe that he actually felt that there was a burglar in the house? And that he reasonably believed that his life was in danger if he didn't take action and shoot through a closed door at an unknown target.' "